Bharatiya Vayuyan Vidheyak 2024, Features, Criticisms, and Implications for India’s Aviation Sector

 What’s in today’s article?

• Why in News?
• Key Features of the Bharatiya Vayuyan Vidheyak
• Criticism of the Bharatiya Vayuyan Vidheyak

Why in News?

The Bharatiya Vayuyan Vidheyak (BBV) 2024, replacing the Aircraft Act, 1934, marks a significant overhaul of India’s aviation laws. Passed by the Rajya Sabha after clearance by the Lok Sabha in August 2024, the new legislation is designed to enhance the ease of doing business in the aviation sector.

The outdated 1934 law, which had been amended 21 times, is now replaced with contemporary provisions to address modern challenges and opportunities in aviation.

The new bill was introduced as a response to suggestions from the International Civil Aviation Organization (ICAO) to amend the outdated Aircraft Act.

Key Features of the Bharatiya Vayuyan Vidheyak

• Authorities
  • Establishment of Three Authorities:
    • Directorate General of Civil Aviation (DGCA): Regulatory functions and safety oversight.
    • Bureau of Civil Aviation Security (BCAS): Security oversight.
    • Aircraft Accidents Investigation Bureau (AAIB): Aircraft accident investigations.
• Government Supervision:
  • Central government retains overall superintendence over these bodies.
  • Directions may be issued, and their orders reviewed by the government.
• Appeals:
  • Appeals against DGCA or BCAS orders lie with the central government.
  • No further appeals permitted.
• Regulation of Aircraft Design
  • Existing Provisions Retained: Regulation of manufacturing, use, operation, and trade of aircraft.
  • New Powers Added: Regulation of the design of aircraft.
• Rule-Making Powers
  • Existing Rule-Making Powers Retained:
    • Regulation of activities related to aircraft, licensing, certification, and inspection.
    • Regulation of air transport services.
    • Implementation of the Convention on International Civil Aviation, 1944.
  • New Rule-Making Powers Added:
    • Regulation of radio telephone operator certificates and licenses under the International Telecommunication Convention.
• Offences and Penalties
  • Specified Offences Punishable by Up to Two Years’ Imprisonment, ₹1 Crore Fine, or Both:
    • Violating rules on prohibited goods in aircraft (e.g., arms, explosives).
    • Flying in a manner endangering people or property.
    • Non-compliance with DGCA and BCAS directions.
  • Stricter Penalties:
    • Violations concerning slaughter or rubbish near airports may attract up to three years’ imprisonment, ₹1 crore fine, or both.
  • Discretionary Penalties:
    • Government may specify civil or criminal penalties for rules violations in areas like aircraft activities, international conventions, accident investigations, public health, and detention of aircraft.
    • Civil penalties up to ₹1 crore; criminal penalties up to two years’ imprisonment, ₹1 crore fine, or both.
• Adjudication of Penalties
  • Existing Provisions Retained:
    • Central government appoints adjudicating officers (rank of Deputy Secretary or above) to impose penalties.
    • Appeals can be made to a First Appellate Officer (higher rank than the adjudicating officer).
  • New Appeal Mechanism Added:
    • Decisions of the First Appellate Officer can be appealed to a Second Appellate Officer (higher rank than the First Appellate Officer).

Criticism of the Bharatiya Vayuyan Vidheyak

• Concerns of the autonomy of the regulator
  • Unlike regulators in other sector (insurance, electricity, telecom, etc.), DGCA is not independent of government control.
  • Qualifications, selection process, and tenure of the Director General are not defined.
  • DGCA operates as a government department, unlike independent regulators in sectors such as telecom, electricity, and insurance.
• Appeals being limited to the Union Government
  • Experts have highlighted the fact that the appeals against decisions by bodies like DGCA or BCAS is restricted to the Union Government.
  • This may affect their ability to function professionally and independently.
• Role of arbitrator for determining compensation in certain cases
  • The Vidheyak empowers the government to appoint an arbitrator for determining compensation in certain cases. 
  • The Supreme Court has held that power to unilaterally appoint an arbitrator for one party is violative of right to equality under Article 14 of the constitution.
• Discretion to the central government
  • It gives discretion to the central government to specify criminal penalties for violation of certain Rules. 
  • This may go against the principle of separation of powers. 
• Concerns over inclusivity
  • Analysts have criticized the Bill's Hindi title as exclusionary, arguing it alienates the non-Hindi-speaking majority, who constitute 60% of the population.

Q.1. What are the key features of the Bharatiya Vayuyan Vidheyak 2024?

The Bill establishes authorities like DGCA, BCAS, and AAIB, strengthens penalties, updates rules on aircraft regulation, and introduces new appeal mechanisms.

Q.2. What are the criticisms of the Bharatiya Vayuyan Vidheyak 2024?

Concerns include limited regulator autonomy, appeals restricted to the Union Government, potential violations of equality, and an exclusionary Hindi title.

News: Parliament passes Bharatiya Vayuyan Vidheyak Bill | PRS India | Financial Express